ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 3057
(By Delegates Lawrence, Tabb, Skaff, Romine,
Smith, Fragale and Williams)
(Originating in the Committee on the Judiciary.)
[March 27, 2009]
A BILL to amend and reenact §7-4-1 of the Code of West Virginia,
1931, as amended; to amend and reenact §15-2-25 of said code;
and to amend said code by adding thereto a new section,
designated §30-29-11, all relating to requiring qualifying
law-enforcement officers employed by a West Virginia
law-enforcement agency to receive certification to carry a
concealed firearm nationwide as provided in the federal
Law-Enforcement Officers Safety Act of 2004; establishing
procedure for a retired or medically discharged member of the
State Police to appeal a denial of a letter of authorization
to carry concealed handguns; providing that certain methods of
authorization for retired or medically discharged members of
the State Police to carry concealed handguns are cumulative;
providing that a letter of authorization for a retired or
medically discharged member of the State Police to carry
concealed handguns is considered a West Virginia concealed handgun license for the purpose of participating in
reciprocity with other states; providing that law-enforcement
agencies are neither prohibited from nor required to permit an
officer to carry his or her service weapon off duty; and
requiring West Virginia law-enforcement agencies to offer
access to training and certification for honorably retired
officers to be permitted to carry a concealed firearm
nationwide as a qualified retired law-enforcement officer as
provided in the federal Law-Enforcement Officers Safety Act of
2004.
Be it enacted by the Legislature of West Virginia:
That §7-4-1 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; that §15-2-25 of said code be amended and
reenacted; and that said code be amended by adding thereto a new
section, designated §30-29-11, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-1. Duties of prosecuting attorney; further duties upon
request of Attorney General.
(a) It
shall be is the duty of the prosecuting attorney to
attend to the criminal business of the state in the county in which
he
or she is elected and qualified and when he
or she has
information of the violation of any penal law committed within
such
the county, he
or she shall institute and prosecute all necessary
and proper proceedings against the offender and may in such case issue or cause to be issued a summons for any witness he
or she may
deem material. Every public officer shall give him
or her
information of the violation of any penal law committed within his
or her county. It
shall is also
be the duty of the prosecuting
attorney to attend to civil suits in
such the county in which the
state, or any department, commission or board thereof, is
interested and to advise, attend to, bring, prosecute or defend, as
the case may be, all matters, actions, suits and proceedings in
which
such the county or any county board of education is
interested.
(b) A prosecuting attorney or assistant prosecuting attorney
desiring to be certified as a qualified law-enforcement officer and
carry a concealed firearm pursuant to 18 U. S. C. §926B may undergo
training, at least annually, established by the sheriff's
department of their county, similar to that which is provided to
deputy sheriffs or process servers in accordance with subsection
(b), section fourteen, article one, chapter fifty of this code.
Upon completion of the annual training, each prosecuting attorney
or assistant prosecuting attorney may be issued a certification
indicating completion of the annual training consistent with this
subsection and 18 U. S. C. §926B. Prosecuting attorneys or
assistant prosecuting attorneys are authorized to carry concealed
firearms, and upon completion of the aforementioned training
requirements, may seek certification under 18 U. S. C. §926B,
including the rights, benefits, privileges and immunities conferred
under 18 U. S. C. §926B.
(c) It shall be is the duty of the prosecuting attorney to
keep his or her office open in the charge of a responsible person
during the hours polls are open on general, primary and special
countywide election days and the prosecuting attorney, or his or
her assistant, if any, shall be available for the purpose of
advising election officials. It shall be is the further duty of
the prosecuting attorney, when requested by the Attorney General,
to perform or to assist the Attorney General in performing, in the
county in which he or she is elected, any legal duties required to
be performed by the Attorney General and which are not inconsistent
with the duties of the prosecuting attorney as the legal
representative of such county. It shall is also be the duty of the
prosecuting attorney, when requested by the Attorney General, to
perform or to assist the Attorney General in performing any legal
duties required to be performed by the Attorney General in any
county other than that in which such the prosecuting attorney is
elected and for the performance of any such duties in any county
other than that in which such the prosecuting attorney is elected
he or she shall be paid his or her actual expenses.
(d) Upon the request of the Attorney General the prosecuting
attorney shall make a written report of the state and condition of
the several causes in which the state is a party, pending in his or
her county, and upon any matters referred to him or her by the
Attorney General as provided by law.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-25. Rules generally; carrying of weapons upon retirement or
medical discharge.
(a) Subject to the written approval of the Governor and the
provisions of this article, the superintendent may make and
promulgate proper rules for the government, discipline and control
of the West Virginia State Police and shall also cause to be
established proper rules for the examinations of all applicants for
appointment thereto. The members of the West Virginia State Police
shall be are permitted to carry arms and weapons and no license may
be required for the privilege.
(b) Upon retirement or medical discharge from the West
Virginia State Police and with the written consent of the
superintendent, any retired or medically discharged member
who is
not prohibited by federal law or the laws of this state from
possessing a handgun may carry
a handgun concealed handguns without
a license for the life of the member following retirement or
medical discharge notwithstanding the provisions of article seven,
chapter sixty-one of this code:
Provided, That the
superintendent's written letter of consent to carry
a handgun
concealed handguns may not last for more than five years at a time
and a retired or medically discharged member who wishes to continue
to carry
a handgun concealed handguns beyond five years of the date
of his or her initial retirement or medical discharge must request
and obtain a renewal of the superintendent's written permission to
carry
a handgun concealed handguns at least once every five years.
A retired or medically discharged member desiring to carry
a handgun concealed handguns after retirement or medical discharge
must provide his or her own handgun. Upon request, each member
shall be presented with a letter of authorization signed by the
superintendent authorizing the retired or medically discharged
member to carry
a handgun concealed handguns. The written
authorization shall be carried by the retired or medically
discharged member at all times that he or she has
a handgun
concealed handguns on
or about his or her person.
The
superintendent may not withhold, deny or revoke any letter of
authorization issued under this subsection without cause if the
retired or medically discharged member is qualified for the
authorization. The superintendent may not issue a letter of
authorization to any retired or medically discharged member who is
no longer employed by the State Police due to a mental disability,
or who the superintendent has reason to believe is mentally
incapacitated to the extent it would present a threat of physical
harm to one or more persons for the member to carry
a concealed
weapon handguns or who is prohibited by federal law or the laws of
this state from possessing, purchasing or receiving a handgun. The
superintendent may revoke the authority
at any time without cause
and without recourse for just cause. Conviction of the retired or
medically discharged member for the commission of any felony or for
a misdemeanor involving the improper or illegal use of a firearm
or
the retired or medically discharged member becoming prohibited by
federal law or the laws of this state from possessing, purchasing
or receiving a handgun shall cause causes this authority to terminate immediately.
without a hearing or other recourse and
without any action on the part of the superintendent. The
superintendent shall promulgate a legislative rule in accordance
with the provisions of chapter twenty-nine-a of this code, which
rule shall prescribe requirements necessary for the issuance and
continuance of the authority herein granted
and the procedure for
appealing a denial or revocation of a letter of authorization to
carry concealed handguns issued under this subsection. For the
purposes of participation in concealed handgun license reciprocity
with other states pursuant to subsection (7), section six, article
seven, chapter sixty-one of this code, a valid letter of
authorization issued pursuant to this subsection shall constitute
a concealed handgun license issued by this state.
(c) In addition to any letter of authorization under
subsection (b) of this section, the superintendent must make
available to all eligible retired or medically discharged members
of the State Police a program for certification to carry a
concealed firearm nationwide under 18 U. S. C. §926C if that
retired or medically discharged member is a qualified retired
law-enforcement officer as defined therein. Until 18 U. S. C.
§926C is amended to increase renewal interval for a certification
as a qualified retired law-enforcement officer to equal or exceed
the renewal interval for letters of authorization under subsection
(b) of this section, a retired or medically discharged member of
the State Police who qualifies for both a letter of authorization
under said subsection and certification as a qualified retired law-enforcement officer under 18 U. S. C. §926C is entitled to both
and the corresponding rights, benefits, privileges and immunities
appertaining to each.
(d) Any denial, revocation or termination of a retired or
medically discharged member's letter of authority under subsection
(b) of this section or certification as a qualified retired
law-enforcement officer under subsection (c) of this section is
subject to article five, chapter twenty-nine-a of this code.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-11. Law-enforcement officers to receive certification to
carry weapons off-duty.
(a) Every qualified law-enforcement officer employed by a West
Virginia law-enforcement agency shall receive the training and
certification required to be considered a "qualified
law-enforcement officer" under the federal Law-Enforcement Officers
Safety Act of 2004, 18 U. S. C. §926B, to carry a concealed firearm
nationwide as provided therein. It is the duty of each
law-enforcement official to provide to each qualified
law-enforcement officer under his or her command the identification
prescribed therein. No officer may be charged any fees or costs
for receiving this certification. This subsection may not be
construed to require nor prohibit a law-enforcement agency from
permitting, requiring or prohibiting a law-enforcement officer to
carry his or her service weapon off-duty.
(b) Every West Virginia law-enforcement agency shall, at least
once annually, notify each honorably retired law-enforcement
officer who retired from that agency of the provisions of 18 U. S.
C. §926C that permit a qualified retired law-enforcement officer to
carry a concealed firearm nationwide. The agency shall permit a
retired officer who meets the eligibility requirements of this law
to receive the training and certification required for the retired
officer to qualify as a "qualified retired law-enforcement officer"
as provided in 18 U. S. C. §926C. Each qualifying retired officer
shall be offered the required annual recertification as provided
therein.